Courts And Transition In Russia

It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.

The authors analyse the state and operation of courts in Russia and the progress of their reform since the end of Soviet power before outlining what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair.

This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.

First published in 1997 and written by two distinguished Russian scholars, this book examines the problems and prospects of democratic transition in Russia since the disintegration of the Soviet Union. Specifically, it offers a compelling evaluation of the rise and fall of the 1990 Russian parliament. The problems of transforming what had been a regional assembly into a national parliament are analysed in the context of the failure of perestroika, the difficulties of generating pluralist politics, the strength of presidential power and the tensions between ideologies of reform, on the one hand, and the realities of economic crisis, on the other. The analysis allows them to evaluate the role of political upheaval and conflicts of legitimacy in Russian democratization. The book is divided into three sections. The first offers a theory of transition to modern democracy. This provides the framework for the second section, an account of the first parliament after the 1990 elections, its conflicts with presidential power and the reform agenda of the government and, finally, its fall. The third section examines three particular problems which were decisive in producing the crisis of Russian parliamentarianism and democratization: voting behaviour in a non-party parliamentary setting and its relationship to conflicts between legislature and executive; populism and representation; and the role of democratic values and procedures in the legislative process. Drawing on their unrivalled knowledge of issues, events and actors, Nikolai Biryukov and Victor Sergeyev gather and interpret much new evidence to explore their subject. In a path-breaking study, the authors draw on a variety of sources and traditions to produce an original theory of the problems of political stability set up by democratic transition in Russia.

Foreword by Sir Brian Fall GCVO KCMG, HM Ambassador, Moscow, 19921995; Lady Margaret Hall, Oxford As a reference work there is little currently available to match its detailed chronological style. Royal Institute of International Affairs Thoroughly deserving of a place on reading lists for courses on recent Russian history. Archie Brown, St Antonys College, Oxford This book is a concise account of the collapse of the USSR and the turbulent first years of Yeltsins Russia. Written by a Foreign Office expert, Russias transition to democracy is charted through an exhaustive analysis of the mistakes made by, and the problems faced by, all political groupings. Western responses to events, and their effect on the internal Russian political scene, are scrutinized and judged.

A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.

Now in a thoroughly revised, expanded, and updated edition, this classic text provides the most authoritative and current analysis available of the challenges facing Putin as he resumes the presidency. Leading scholars explore the daunting domestic and international problems confronting Russia today. Evaluating the regime s continued efforts to rebuild a country once on the verge of collapse, the contributors consider a comprehensive array of economic, political, foreign policy, and social issues. Clearly written and organized, this text is an indispensable guide for anyone wanting to understand Russia today."